[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Notices]
[Pages 31257-31258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8483]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Wisconsin

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal agencies.

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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to a proposed highway project, STH 83, in 
Waukesha County in the State of Wisconsin. Those actions grant 
licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review 
of the Federal agency actions on the highway project will be barred 
unless the claim is filed on or before November 28, 2006. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 180 days for filing such claim, then that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. Bruce Matzke, Division 
Administrator, Federal Highway Administration, 567 D'Onofrio Drive, 
Suite 100, Madison, Wisconsin 53719-2844; telephone: (608) 829-7501; e-
mail: [email protected]. The FHWA Wisconsin Division Office's 
normal business hours are 7:45 a.m. to 4:15 p.m. (central time). You 
may also contact Mr. Eugene Johnson, Bureau of Equity and Environmental 
Services, Wisconsin Department of Transportation, P.O. Box 7965, 
Madison, Wisconsin 53707; telephone: (608) 267-9527.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following highway project in 
the State of Wisconsin: STH 83 in Waukesha County. The 17-mile (27-km) 
WIS 83 project corridor extends from County NN at Mukwonago to WIS 16 
at Hartland in Waukesha County. Improvements are proposed to address 
present and emerging traffic flow and safety concerns, future traffic 
demand, and to guide local land use planning and development including 
preserving land needed for future transportation improvements. The 
actions by the Federal agencies, and the laws under which such actions 
were taken, are described in the Final Environmental

[[Page 31258]]

Impact Statement (FEIS) for the project, approved on February 22, 2006, 
in the FHWA Record of Decision (ROD) issued on May 24, 2006 and in 
other documents in the FHWA administrative record. The FEIS, ROD, and 
other documents in the FHWA administrative record file are available by 
contacting the FHWA or the Wisconsin Department of Transportation at 
the addresses provided above. The FHWA FEIS and ROD can be viewed and 
downloaded from the project Web site at http://www.dot.wisconsin.gov/projects/d2/wis83/index.htm or viewed at public libraries in the 
project area.
    This notice applies to all Federal agency decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers), 
23 U.S.C. 319.
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act 
(NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (section 404, section 401, section 319); Land and Water 
Conservation Fund (LWCF), 16 U.S.C. 4601-4604; Safe Drinking Water Act 
(SDWA), 42 U.S.C. 300(f)-300(j)(6); Rivers and Harbors Act of 1899, 33 
U.S.C. 401-406; Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287; 
Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; TEA-21 Wetlands 
Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster 
Protection Act, 42 U.S.C. 4001-4128.
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program)

    Authority: 23 U.S.C. 139(l)(1).

    Issued on: May 25, 2006.
Bruce E. Matzke,
Division Administrator, Madison, Wisconsin.
 [FR Doc. E6-8483 Filed 5-31-06; 8:45 am]
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